BAY MINETTE, Alabama -- City Councilman Mike Phillips found himself under fire last week after he moved an unlocked emergency vehicle that was parked at a local restaurant.

Phillips said he spotted a fire engine and a rescue pickup truck parked on a back corner of Street’s Restaurant’s parking lot on U.S. 31 South, peered into the pickup and noticed it was full of gear. Phillips said he checked the door and that "the ignition started beeping because the key was in it, which really surprised me."

The councilman said he thought he would prove a point and got in the truck, cranked it and moved it closer to the front of the restaurant so that it could be seen through the building’s front windows. He left without talking with the four on-duty firefighters who were inside eating lunch.

"(Fire Chief) Phil Bryars was upset because I moved an emergency vehicle," Phillips said. "I was a little upset for the citizens of Bay Minette because that could have been stolen."

He said he recounted his concerns to Bryars, who said the keys remain in the emergency vehicles and the doors are kept unlocked so they are accessible at all times. Bryars said Friday that the vehicles were parked in full view of where the firefighters were eating in the restaurant.

"They witnessed the whole episode," Bryars said.

Bryars said most emergency vehicles have push-button starts, but the one moved Thursday used a key ignition.

"You have got the risk of someone losing a key or being misplaced or the option of somebody misusing the vehicle," Bryars said. "The risk of losing a key far outweighs the risk of someone taking the vehicle."

Phillips on Friday said that after talking with Bryars, "I didn’t think anything about it until this morning, when several people called me about it and News 5 started calling."

The councilman said he learned then that the District Attorney’s Office was investigating the incident and there were claims that he took the vehicle "joyriding" for about 20 minutes. Phillips said he has witnesses who will discount that claim. "I did not leave the parking lot," he said.

Bryars said after becoming aware of the situation, he "turned it over to the mayor and what I know at this time is the DA is reviewing the information."

District Attorney Judy Newcomb confirmed Friday that the incident was referred to her office by Mayor Jamie Tillery and Police Chief Mike Rowland.

Newcomb said the mayor was concerned about the "disregard for liability to the city and felt a need to report" the incident. She said Tillery and Rowland said they had been told Phillips left the restaurant parking lot in the vehicle. As of Friday afternoon, Phillips said neither Rowland or Tillery had contacted him to discuss the matter. He said he sent an e-mail to Tillery, who was out of town, outlining the situation.

Rowland said Bryars called to report the incident and while talking with the police chief, Bryars received a call from Phillips.

Rowland said he contacted the mayor to discuss the situation. "She indicated, I think it was rightly so, that the best thing to do was let another agency look at it," he said.

Newcomb said before making any decisions about the future of the case, she wanted to hear from those involved.

"I want to give everybody an opportunity to relate the facts to me, not to have hearsay," she said.

Phillips said Friday that in retrospect he probably should not have moved the vehicle, but he had good intentions. Phillips, who is serving his fourth term on the council, also holds the title of mayor pro tem.

"I did it as a council member that is concerned about the contents and that vehicle and the liability of having to replace it if anything happened to it," he said.